Is Kratom Legal in Kansas? [2023 Update]

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Feb 22, 2023

The first thing that most potential kratom users want to know is whether the herb is legal in their area. Even though kratom is federally legal, certain states and second-level administrative divisions have banned the botanical extract. But is kratom legal in Kansas?

Yes, kratom is legal in Kansas! As of February 2023, Kansas does not classify Mitragyna speciosa (or any kratom-derived compounds) as a controlled substance. There are no restrictions or regulations, and Kansas has not passed the Kratom Consumer Protection Act.

However, kratom has endured an up-and-down history in Kansas, including an attempt to make it illegal. Want to learn more about the legal history and where Kansas could go next on kratom? Then this is the article for you!

These statements have not been evaluated by the Food and Drug Administration. The information in our articles are represented solely as the opinions of the respective authors, who do not claim to be medical professionals. We are not medical experts, just kratom enthusiasts.

Is Kratom Legal in Kansas?

Yes. There are no contradicting caveats to kratom’s legality in Kansas. The tree-derived substance is 100% legal, with the state imposing no restrictions on the sale, purchase, possession, or use of kratom. And that is all there is to it!

Technically, counties, cities, and other low-level administrative divisions could ban kratom - this has happened in a few states, including Mississippi in Florida. But from Douglas County to Wichita city, kratom is legal in every part of the Sunflower State.

Arkansas is the closest state to Kansas that has banned kratom. If you live in southeast Kansas, you might visit Arkansas frequently. Be sure to leave your kratom at home. It’s a Schedule I drug in Arkansas, and the authorities have put people in prison for possession.

History of Kratom Law in Kansas

But history shows that Kansans have not always been assured of access to legal kratom. State legislators have explored bans in the past, although all have failed before reaching the governor’s desk. More recently, Kansas politicians have been looking at regulation. Let’s take a closer look.

2018: Kansas Senate Bill 282 (KS SB282)

The Kansas kratom industry almost came tumbling down in 2018 with KS SB282. Sponsored by the Senate Public Health and Welfare Committee, the bill proposed changes to the state’s Uniform Controlled Substances Act through updates to the lists of Schedule I, II, and III drugs.

When first introduced, the bill planned to classify mitragynine and 7-hydroxymitragynine (7-HMG) as Schedule I substances. These two indole alkaloids make kratom what it is, and classing them as controlled substances is how several states have passed kratom bans.

Thankfully, the first amendment to KS SB282 removed mitragynine and 7-HMG from the bill.

 People signed pro-kratom petitions, and members of the public made the case for keeping kratom legal to the relevant committee.

KS SB282 was approved by the governor in May 2018, but it had nothing to do with kratom by then. Getting mitragynine and 7-HMG removed from the bill marked a significant success for the kratom community in Kansas.

Kansas Kratom Consumer Protection Act

Since the failed effort to ban kratom, lawmakers have been attempting to pass the Kratom Consumer Protection Act (KCPA). This would eliminate many of the worries people have about kratom, such as contamination, dangerous adulteration, and minors being able to buy products.

The KCPA enjoys strong support among the kratom community, who unsurprisingly want access to premium-grade kratom and to see the industry protected.

2019: Kansas House Bill 2400 (KS HB2400)

In March 2019, the House Federal and State Affairs Committee sponsored a bill to regulate the sale and distribution of kratom products in Kansas. KS HB2400 would have brought the KCPA to Kansas as part of the state’s food, drug, and cosmetic act.

Unfortunately, the bill died in May 2020.

2021: Kansas House Bill 2056 (KS HB2056)

The same committee sponsored another KCPA bill in the next legislative session. KS HB2056 contained the same provisions, from capping 7-HMG levels in products at 2% and making it unlawful for vendors to sell contaminated and dangerously adulterated kratom.

Strangely, the bill was amended to remove all mention of kratom. KS HB2056 morphed into legislation about elections and voting ballots. That was not what kratom lovers wanted to see! 

2023: Kansas House Bill 2084 (KS HB2084)

But the KCPA has returned in the 2023-24 legislative session, once again sponsored by the House Federal and State Affairs Committee. KS HB2084 would define kratom as a food product, set a minimum age requirement for purchasing products, and ban adulterated kratom.

The bill was recently amended to increase the age threshold to 21 from 18. Under the Kansas KCPA, violations of the act would be punishable by civil fines. These are limited to $1,000 for a first offense and $2,000 for subsequent offenses.

It is too early to predict whether KS HB2084 will pass. However, the bill has caught the media’s attention, as shown by this recent report in the Kansas City Star.

Will Kansas Keep Kratom Legal?

Recent developments indicate that the Sunflower State is leaning toward keeping kratom legal but regulating the market. The three KCPA bills suggest that Kansas is concerned about the substance, yet would favor regulation over prohibition. That is a pragmatic approach!

Federal Kratom Law

Kratom fans in Kansas must also consider the federal government’s stance. If a significant federal change happens, Kansas lawmakers could choose to follow them.

The good news is that a federal kratom ban is not currently on the table. The Drug Enforcement Administration (DEA) has not brought back plans to make kratom a controlled substance since its unsuccessful effort in 2016.

Encouragingly, Congress may be open to regulating kratom! Click here for the latest news on kratom law at the federal level.

Where to Buy Kratom in Kansas

Are you in Kansas and ready to buy some kratom? Fantastic, let's get you on the right track! Remember that kratom is still unregulated, so not every vendor will have the premium-grade products you want.

Brick-and-mortar kratom retailers are often underwhelming. And I avoid convenience stores and gas stations at all costs. Such shops are hotspots for low-quality, untested, and even adulterated kratom.

Quality-wise, herbal stores and dedicated kratom vendors are better options. But you might only find these retailers in large urban areas, and even then, you are unlikely to find good value for money.

Shopping online is the best course of action for kratom users in Kansas. The top web-based stores stock high-quality lab-tested kratom and a plethora of strains and product types. You will also get more bang for your buck than when buying from a brick-and-mortar store.

But if shopping online doesn't suit you, purchasing kratom in person in Kansas is an option. I found three popular kratom vendors in Junction City, Lawrence, and Wichita.

Kratom City South
Vape CBD Kratom
Smoke Tokz Lawrence Smoke and Vape Shop

Final Thoughts

Kansas is moving in the right direction on kratom! Lawmakers have shown no intention to ban kratom but a growing desire to regulate the market with the KCPA. Now the challenge is to get that bill on the governor's desk and signed!
Feb 28th 2023 Andrew Summer

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